ALBANY — The New York State Department of Agriculture and Markets today released guidance that clarifies the responsibilities of agri-tourism and equine business operators and their visitors under the Safety in Agricultural Tourism Act. Governor Cuomo signed the law in 2017, establishing enhanced protection for farm owners from liabilities associated with inviting the public onto their farms for agricultural tourism events and activities. This includes farm and winery tours, equine activities, and u-pick operations that are conducted for educational or recreational purposes, and that benefit the farm through the sale, marketing, production, harvesting or use of the farm’s products.
Commissioner Ball said, “The goal of the legislation is to not only ensure legal protections for farms that inform the public of the potential on-farm risks but also to reduce liability insurance costs for agri-tourism and equine businesses. The Department is pleased to provide guidance for these agri-business owners to help them obtain the protection of the new law so that they continue to offer the tremendous educational and recreational benefits they provide to so many visitors interested in learning more about New York agriculture.”
The guidance, found here, provides an overview of the Safety in Agricultural Tourism Act and best practices for farmers in evaluating the possible risks of the agricultural tourism activity. It also helps operators to create effective and informative signs. In addition, the document describes the public’s responsibilities when visiting these agri-tourism locations.
As part of the guidance, the Department outlines the major requirements of business operators, which includes:
- posting warning signs in conspicuous locations on the potential risks of the on-farm activities and the responsibilities of visitors;
- distributing written information to visitors directing them to the posted signage;
- posting directional signage;
- taking reasonable care to prevent foreseeable risks; and
- providing training to employees.
The Department recommends that farm operators consult with insurance and legal professionals to identify potential risks to visitors specific to their farms by performing a “risk assessment.” In addition, these business owners should periodically review their operation to determine whether any changes are needed to the signage, training or operations to better ensure the safety of visitors and protection under the statute. The new law provides increased protection from lawsuits only to farms that provide the required disclosure and follow the additional requirements of the new law.
New York Farm Bureau President David Fisher said, “Today’s announcement is significant for diverse farms and agritourism businesses around the state that have made inherent risk reform a top priority for years. New York Farm Bureau advocated for these necessary reforms in order to hopefully provide some relief to the excessive costs of liability insurance for equine facilities, u-pick it operations, and Christmas tree farms. We appreciate Commissioner Ball and his staff’s efforts in drafting guidance about this new law, and New York Farm Bureau will continue to work with his department to educate our members about the changes. It is also important for the general public to understand that there are inherent risks that come with stepping foot on a farm.”
Dr. Karin Bump of Cornell Cooperative Extension Madison County said, “With less than 2% of our population now directly connected to farming, it has become increasingly important to open our farm operations to the public to ensure opportunities to experience, ask questions, and explore the nature of farms and farming. However, doing this comes with some risk to the farm owner. I look forward to working with the Department and partner agencies to help educate farmers, and the equine industry, in particular, on the nature of inherent risk legislation, the responsibilities of farm operators, and important steps in mitigating risk and ensuring that due diligence has been followed.”
New York Apple Association President Cynthia Haskins said “Agritourism outlets such as apple u-pick operations, farm markets and cideries need this type of liability protection for the inherent risks of inviting the public onto farms. Agritourism is growing in popularity. Growers take the necessary steps in making sure their operations are safe. This legislation recognizes responsibility involves everyone.”
About the NYS Department of Agriculture and Markets
The Department, through its various divisions and programs, promotes New York agriculture and its high-quality and diverse products, fosters agricultural environmental stewardship, provides consumer protections, and safeguards the State’s food supply, land, plants and livestock to ensure the viability and growth of New York’s agriculture industries.
The Department operates the Great New York State Fair, and administers the Taste NY initiative, the FreshConnect and New York State Grown and Certified programs. Follow the Department on Facebook, Twitter, and Instagram.
–NYS Department of Agriculture and Markets
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